Any owner or agent who shall offer for rent
or lease any building or portion thereof to be used for habitation,
other than duly authorized or licensed premises, shall first register
with the Health Agent who shall determine the number of persons said
building or portion thereof can legally accommodate. Such registration
shall remain effective until December 31st of the calendar year. Occupancy
shall be determined by application of the following formula: Two persons
shall be allowed for each bedroom over one hundred (100) square feet,
provided that additional occupancy, as allowed upon Article II of
the State Sanitary Code, 105 CMR 410.400(B), may be allowed upon inspection
by the Board of Health.

Any owner or agent who shall offer for rent or lease any building or portion thereof which has not been registered under § 172-1 shall be punished by a fine of not more than three hundred dollars ($300.).

If it is found that the number of occupants in any building or portion thereof used for habitation exceeds the number of the registered occupancy as required by § 172-1 of this chapter, or if no such registration shall be in effect, then the tenant, lessee or person in control of said building or portion thereof shall be punished by a fine of not more than three hundred dollars ($300.).

Any building or portion thereof registered by
the provisions of this chapter shall have conspicuously posted therein
a certificate of registration issued by the Board of Health which
shall indicate, at a minimum, the number of occupants that may legally
occupy said building or portion thereof, and the name, address and
telephone number of the owner and the owner's agent, if applicable.

The Board of Health on petition of a property
owner, may vary any provision of this chapter if, in its opinion,
strict application of the chapter would constitute a manifest injustice
and would not materially affect the safety or well-being of the occupants.